Scott's Law / Failure to Yield to an Emergency Vehicle
Under Illinois law, serious penalties exist for violations that occur when a driver approaches a stationary emergency vehicle. Also known as "Scott's Law" or the "Move Over Law", the law requires that upon approaching a stationary police or emergency vehicle using audible or visual signals, you must:
- Proceed with due caution
- If possible, yield the right-of-way by making a full lane change not adjacent to the police or emergency vehicle
- If changing lanes would be impossible or unsafe, you must proceed with due caution, reduce your speed, and leave a safe distance until past the emergency vehicle.
Drivers must take these actions for any vehicle authorized to be equipped with oscillating, rotating or flashing lights (i.e. police vehicles, ambulances, firetrucks, and tow trucks). The full statute can be found under the Illinois Vehicle Code - 625 ILCS 5/11-907(c).
Scott's Law Fines
A violation of Scott's Law is punishable by high minimum mandatory fines and court assessments:
- 1st offense: Fine of $250 - $10,000 + $250 to the Scott's Law Fund + mandatory court costs
- 2nd offense Fine of $750 - $10,000 + $250 to the Scott's Law Fund + mandatory court costs
Furthermore, upon a report of conviction under this section, the Illinois Secretary of State will suspend the offenders driving privileges for a specified period of time if a violation of this statute results in property damage, personal injury or death to another as follows:
- Property damage: 90 day license suspension
- Personal injury: 180 days to 2 years license suspension
- Death: 2 year license suspension
- Damage to another vehicle: Class A misdemeanor (punishable by up to 1 year in jail)
- Personal injury or death: Class 4 felony (punishable by 1-3 years in prison)
Illinois law also requires that every vehicle yield the right-of-way and stop as close as possible to the right side or curb upon the approach of a police or emergency vehicle using audible or visual signals and remain stopped until the emergency vehicle has passed (Illinois Vehicle Code 625 ILCS 5/11-907(a)). This moving violation is typically charged as a petty traffic offense.
Of course, even if an accident did not occur, a conviction can still count against your driving record and driving privileges and result in an increase to your insurance rates.
Scott's Law History
"Scott's Law" was passed by the Illinois legislature and named after a Chicago Fireman, Lieutenant Scott Gillen, who was tragically struck and killed by a driver on the Dan Ryan Expressway. The driver who hit Lieutenant Gillen was traveling in the lane immediately adjacent to where his emergency vehicle was parked while he was aiding motorists involved in an accident. Over the years, many more fatal accidents stemming from Scott's Law violations have occurred, prompting a tough stance from law enforcement agencies, legislators, prosecutors and judges alike. Efforts to educate the public about Scott's Law have increased as well. The law was most recently updated with enhanced penalties July of 2019.
Traffic Ticket Defense Attorneys
Our legal team is routinely contacted by drivers who were either unaware of the law or who were unfamiliar with the correct procedures to follow under such circumstances and, as a result, were issued a Scott Law ticket. Our attorneys strive to minimize the potential consequences and protect your driving privileges. If you have been charged with a Scott's Law violation or Failure to Yield to an Emergency Vehicle, the defense attorneys at The Davis Law Group, P.C. can help. Our traffic ticket defense practice extends throughout the Chicago Area including Cook County, Lake County and DuPage County. Contact us today to discuss your case.